Law Commons^™

The Role Of The Ninth Circuit In The Development Of The Law Of Attempt To Monopolize, Daniel J. Gifford

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The attempt clause 1 of the Sherman Antitrust Act deals with unilateral behavior which produces or is likely to produce significant anticompetitive consequences. Justice Holmes, in his classic statement of the attempt offense in Swift & Co. v. United States, 2 identified the elements of the offense as the defendant's intent to monopolize and the dangerous probability that the defendant would succeed. In the classic model of the offense, the defendant's intent resolves the ambiguity of the defendant's present behavior by showing that it is instrumental to the forbidden goal of monopolization.

International Legal Action Against Apartheid, David Weissbrodt, Georgina Mahoney

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Apartheid in Southern Africa represents one of the greatest challenges, one of the greatest success stories, and one of the most frustrating defeats of the international human rights movement. This article first introduces international human rights and the in- ternational law of human rights-particularly as they relate to apartheid.Second, the article sketches the work of the Interna- tional Court of Justice, which has rendered three significant human rights decisions concerning Namibia. Having begun to dis- cuss Namibia, the article also examines the work of the Security Council, General Assembly, and other United Nations bodies con- cerning Namibia.

Criminal Procedure In A Conservative Age: A Time To Rediscover The Critical Nonconstitutional Issues, Richard Frase

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Criminal procedure is changing fast these days, but teachers of criminal procedure are not. Most of us have probably given considerable thought to the philosophical and doctrinal significance of the Supreme Court's increasingly conservative approach to constitutional issues, but have we thought about the broader pedagogic and professional implications of this major doctrinal shift? For me. the current conservative trend raises fundamental questions about the kinds of issues we should be addressing in our teaching, research, and public service activities. In particular. we need to start asking ourselves whether our traditional heavy emphasis on constitutional issues (which has been going …

The Antitrust State-Action Doctrine After Fisher V. Berkeley, Daniel Gifford

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Depositions Of Corporations: Problems And Solutions-Fed. R. Civ. P. 30(B)(6), M. Minnette Massey

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The Federal Circuit's 1985 Tax Cases: The Exercise Of Equity, William S. Blatt

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Antarctica And The New Law Of The Sea, Bernard H. Oxman

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Over The Back Fence: Tax Shelters And Other Sales Of Federal Income Tax Reductions, Thomas A. Robinson

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Law-The Last Of The Universal Disciplines, Soia Mentschikoff, Irwin P. Stotzky

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Teaching Philosophy Of Law In Law Schools: Some Cautionary Remarks, Patricia D. White

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The Three "Theme" Special Rapporteurs Of The Un Commission On Human Rights, David Weissbrodt

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In March 1982, the United Nations Commission on Human Rights initiated the appointment of a Special Rapporteur on Summary or Arbitrary Executions. The Special Rapporteur on Summary or Arbitrary Executions has done far more than merely study that grave human rights problem; he has received complaints about impending and past executions, issued appeals to governments about threatened executions and the need to investigate past killings, and reported publicly on much of his activity. The Commission on Human Rights not only has renewed the Special Rapporteur on Summary or Arbitrary Executions in its subsequent annual sessions, but has followed this precedent …

Compassion And Pragmatism, James C. Hathaway

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Open wide the floodgates?

Much of the initial media reaction to the recently released Plaut Report on the refugee status determination process unfortunately has given the impression that the changes proposed will in some sense give rise to "gatecrashing" by persons unwilling to comply with ordinary immigration requirements, thereby jeopardizing the ability of Canada to ensure the integrity of its borders. We are told that the adoption of the study's proposals would "encourage purported refugees to arrive here in numbers that would soon overwhelm [the proposed] procedures" (Globe and Mail editorial, June 20, 1985).

This is far from accurate.

It …

Leveraged Buyouts In Bankruptcy, David G. Carlson

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Book Review (Reviewing Frederic Rogers Kellog, The Formative Essays Of Justice Holmes: The Making Of An American Legal Philosophy (1984) And H. L. Pohlman, Justice Oliver Wendell Holmes And Utilitarian Jurisprudence (1984)), Richard A. Posner

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The 'Legalization' Of The Family: Toward A Policy Of Supportive Neutrality, David L. Chambers

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The word "legalization" has conflicting meanings. One, intended to sound the theme of this conference, conveys the notion of government regulation permeating some area of human activity. The other-as found, for example, in the phrase "the legalization of marijuana"-is a near opposite: the process of making legal or permissible that which. was previously forbidden, taking government out of that which it had previously controlled. The recent history of government's relationship to the family amply displays both sorts of legalization, both government's intrusion and its withdrawal, and reveals a paradoxical relation between the two-that as government frees people to live their …

Statistics In The Courtroom: Building On Rubinfeld, Richard O. Lempert

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As the use of statistics in litigation has burgeoned and as more complicated statistical techniques have entered the courtroom, concern for the way courts use statistics has mounted and efforts to instruct lawyers and judges on the wise use of statistics have begun. Professor Rubinfeld's paper is a contribution toward this end. Two ideas at the core of this paper are particularly important if we are to develop a more satisfactory approach to the use of statistics in the courtroom. The first is Professor Rubinfeld's caution against the talismanic use of the .05 level of significances as a test of …

A Theory Of Contractual Debt Subordination And Lien Priority, David G. Carlson

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The article advocates for treating debt subordination agreements as assignments of debt rather than subjecting them to Article 9 of the Uniform Commercial Code (UCC). This approach would align subordination with economic principles, simplify legal handling, and protect senior creditors' interests by ensuring they receive double dividends in bankruptcy. The author critiques current judicial interpretations that fail to recognize this distinction, leading to unfair outcomes and complicating creditor rights. The proposed framework would clarify debt ownership, dividend distribution, and security interest transfers, while also addressing tax implications and voting rights in reorganizations. The article emphasizes the need for legislative exemptions, …

Paternalism, James W. Nickel

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Freedom From Freedom Of Contract: The Enduring Value Of Servitude Restrictions, Stewart E. Sterk

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The article examines the legal and policy implications of enforcing contractual servitudes that bind successors-in-interest to land, arguing that unrestricted enforcement could lead to significant externalities and transaction costs. While Richard Epstein advocates for maximal contractual freedom, the analysis highlights the need for doctrinal limitations to protect future generations and public interests. The article critiques existing doctrines like the touch and concern requirement, changed conditions doctrine, and durational limitations, proposing reforms to balance private autonomy with broader societal concerns.

Positive And Normative Elements In Legal Education, Richard A. Epstein

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Two Fallacies In The Law Of Joint Torts, Richard A. Epstein

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The Uncertain Quest For Welfare Rights, Richard A. Epstein

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Wrongful Possession Of Chattels: Hornbook Law And Case Law, Richard H. Helmholz

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Mediation With A Mugger: The Shortage Of Adjudicative Services And The Need For A Two-Tier Trial System In Civil Cases, Albert W. Alschuler

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The German Advantage In Civil Procedure, John H. Langbein

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Repeal Of The 'Earnings & Profits' Concept: The Limitation Of The Extent To Which Dividends Will Be Taxed As Ordinary Income, Walter J. Blum

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Method, Result, And Authority: A Reply, Frank H. Easterbrook

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Book Review (Reviewing Moffatt Hancock, Studies In Modern Choice-Of-Law: Torts, Insurance, Land Titles (1984)), David P. Currie

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Dividend Distribution Proposals: The Dividends Received Deductions By Corporations And Related Matters Proceedings Of The University Of San Diego Corporate Tax Conference, Walter J. Blum, Howard G. Krane, Lawrence M. Stone

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Fraudulent Conveyance Law And Its Proper Domain, Douglas G. Baird, Thomas H. Jackson

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